Attendance

CAMP SOLOMON SCHECHTER APPEAL OF ADMINISTRATIVE HEARING
DECISION

Chairman O’Sullivan
opened the public hearing and reviewed the hearing
procedure. All individuals present intending to
testify at the hearing were then sworn in by Chairman O’Sullivan.
Jane Futterman, Deputy Prosecuting Attorney representing
the Environmental Health Division, provided an introduction
indicating that the applicant is appealing the
Administrative Hearing Officer decision that Camp Solomon
Schechter’s proposed sewage systems for the new
dormitories must be owned and operated by the City of
Tumwater according to the Sewerage General Plan for the
Urban Growth Management Area and an agreement between
Thurston County and the City of Tumwater.

Art Starry,
Environmental Health Director, provided background
information on the property and proposed development.
Mr. Starry commented on issues raised in the letter
submitted by Mr. Paul Norr. There was also discussion
on the Sewerage General Plan (SGP) and how it relates to
this project. Board members asked questions of staff
concerning material submitted. Given the requirements
contained the SGP, it was necessary to require the sewage
system to be owned and operated by the City of Tumwater as
a condition of permit approval. An administrative
hearing was requested and held appealing the administrative
decision to require Tumwater ownership of the sewage
system. The appeal was denied.

Mr. Paul Norr
presented the appellant’s case asking the Board to take a
broader look at the SGP and associated agreements as they
relate to this particular situation. Mr. Norr
reviewed, with the Board, statements contained in the
written material provided. A letter to Skillings –
Connolly from Environmental Health Specialist Donald
Moulton was submitted and entered into the record as
Exhibit 8. Mr. Norr also presented the following
maps: 1) arial view of the Camp; 2) soils map; and 3)
wetlands map.

Mr. Norr made the
following assertions: 1) The Sewerage General Plan
does not apply to this property (referring to the zoning
map); 2) Even if it is determined otherwise, there are
exceptions to the plan that apply; 3) The costs associated
with being required to be owned and operated by the City of
Tumwater would be a serious hardship for the Camp Solomon
Organization; and 4) There is no public health or public
safety concern and pollution is not an issue.

Mr. Bob Connolly,
with Skillings – Connolly Engineering Firm, spoke
regarding the design and safety of the proposed
system. Jane Futterman asked questions of Mr. Norr
and Mr. Connolly and clarified that the Department’s
position is not that the septic system is inadequate but
that the requirements of the SGP call for city
ownership.

Commissioner
Oberquell asked Mr. Starry if the property is located in an
aquifer sensitive area and what the depth-to-groundwater
level is. Mr. Starry indicated the property is in an
aquifer sensitive area and the depth-to-groundwater level
is somewhere between medium and high.

Mr. Jay Eaton, City
of Tumwater Public Works Director, spoke concerning the
City of Tumwater’s position. Mr. Eaton indicated
that the City has no plan to provide sewers to the Camp’s
Open Space designated property. Chairman O’Sullivan
asked questions of Mr. Eaton.

Mr. Norr provided
closing remarks.

Commissioner Wolfe
acknowledged staff acted appropriately in looking at the
Sewerage General Plan, but as policy-makers the Board must
look at the big picture. Commissioner Wolfe stated
the exception request is appropriate and should be granted.

Commissioner
Oberquell expressed concern with the property being located
in an Aquifer sensitive area with a medium to high water
table and would feel more comfortable, if at a minimum, the
system is maintained by a third party.

Mr. Starry indicated
that third party maintenance is often required of large
systems such as this one. Mr. Norr indicated the Camp
would be agreeable.

Chairman O’Sullivan
acknowledged that for the past ~50 years, no violations or
problems with the property or systems in place have
occurred. Given the sentiments expressed by the City
of Tumwater, and the Open Space designation, he believes
common sense justifies making an exception.
Commissioner Oberquell suggested any motion include system
maintenance and operation be completed by a third party and
asked that exclusion of the property from the Urban Growth
Management Area be pursued immediately. Chairman O’Sullivan
and Commissioner Wolfe indicated more information would be
needed to make such a determination. Elizabeth
Petrich, Deputy Prosecuting Attorney for the Board,
clarified the process necessary to consider such an
action.

When discussion was
complete, Commissioner Wolfe moved to grant Camp Solomon
Schechter an exemption from following the provisions of the
Sewerage General Plan that would require the City of
Tumwater own and operate the septic system; and further
moved to require that a third party operate and maintain
the system. Chairman O’Sullivan seconded the
motion. The motion carried with Commissioner
Oberquell voting No.

Commissioner Wolfe moved
to close the public hearing. Commissioner
Oberquell seconded the motion. The motion carried.

APPROVAL OF THE BOARD AGENDA

Commissioner Wolfe moved to approve the Agenda. Commissioner
Oberquell seconded the motion. The motion carried.

APPROVAL OF BOARD OF HEALTH MINUTES OF APRIL 23, 2001

The Clerk of
the Board identified an error contained in the
minutes. Commissioner Wolfe moved to approve the
minutes of April 23, 2001 as amended. Commissioner
Oberquell seconded the motion. The motion carried.

AUDIENCE REPORTS AND REQUESTS – There were none.

DIRECTOR’S REPORT

Department
Director Pat Libbey provided background information on how
provisions in the Sewerage General Plan, discussed earlier
as part of the Appeal, came to be. Mr. Libbey
suggested this issue may warrant further discussion at a
briefing session.

ATTEST:
Patti Swanson, Clerk of the Board
Date of Approval May 21,
2001

The Board of Health meets on the 1st and 3rd Board Meetings of the Month.
Minutes will be published when approved by the Board of Health at their next
regularly scheduled meeting. If you have any questions regarding this meeting,
please contact
Patti Swanson, Clerk of the Board of Health
using e-mail or calling (360) 786-5581.